§ 2-74. Creation, appointment, organization of board; establishment of Magistrate.  


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  • The City Commission may appoint one (1) or more seven-member code compliance boards, and legal counsel for such boards. The members shall have the following qualifications and terms of office:
    (a) Members of a compliance board shall be residents of the city. Appointments shall be made in accordance with applicable law and ordinances on the basis of experience or interest in the subject matter [under the] jurisdiction of the code compliance board.
    (b) In order that terms of office of all members will not expire at the same time, the initial appointments to an enforcement board shall be as follows:
    Two (2) members shall be appointed for a term of one (1) year.
    Two (2) members shall be appointed for a term of two (2) years.
    Two (2) members shall be appointed for a term of three (3) years.
    The seventh regular member of the board appointed when the number of board members was raised from six (6) shall at the time of his appointment serve for a period of three (3) years.
    Thereafter, all appointments and terms shall be for a term of three (3) years. Any member may be reappointed from term to term upon approval of the City Commission.
    Appointments to fill any vacancy on an enforcement board shall be for the remainder of the unexpired term of office. If any member falls to attend two (2) of three (3) successive meetings without cause and without prior approval of the chairman, the compliance board shall declare the members’ office vacant, and the City Commission shall promptly fill such vacancy. The members shall serve at the pleasure of the City Commission and may be removed as provided in the city Code of Ordinances for removal of members of the planning and zoning board.
    (c) The members of a compliance board shall elect a chairman. The presence of four (4) or more members shall constitute a quorum of the enforcement board. Members shall serve without compensation, but may be reimbursed for such travel expenses, mileage expenses, and per diem expenses as may be authorized by the City Commission.
    (d) The City Commission hereby appoints the city attorney or his designee as legal counsel for the code compliance board.
    (e) The City Commission may appoint one (1) or more Special Magistrates with the following conditions: the Special Magistrate shall be appointed by the City Commission and shall serve with compensation as established by the City Commission by resolution. A Special Magistrate shall not be a city employee.
    (f) The Special Magistrate must be both an attorney and a member in good standing with the Florida Bar for a minimum of five (5) years.
    (g) The Special Magistrate shall have some experience in zoning and land use law, building control, code enforcement, and/or administrative law.
    (h) The Special Magistrate will be bound by the code of ethics of the Florida Bar as currently proscribed or as amended from time to time.
    (i) A Special Magistrate shall not be authorized to hire or use the services of any person except those provided by the city to assist him or her in the performance of his or her duties.
    (Ord. No. 79-28, § 4, 9-18-79; Ord. No. 79-35, § 1, 11-21-79; Ord. No. 80-38, § 2, 9-2-80; Ord. No. 82-19, § 1, 8-3-82; Ord. No. 87-1, § 2, 2-3-87; Ord. No. 87-14, § 1, 6-16-87; Ord. No. 87-19, § 1, 7-21-87; Ord. No. 90-13, §§ 5-7, 6-19-90; Ord. No. 97-51, § 1, 11-18-97; Ord. No. 13-030, § 2, 11-5-13)